Section 122 of the CGST Act, 2017

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GST›CGST Act, 2017›Chapter XIX, Offences and Penalties

Parts of this section are overridden by Section 75; read it with that provision.

At a glance

Bars, duties and time limits

  • 122(1)(i), (ii) and (xix)The stated no-invoice, false-invoice, invoice-without-supply and another-registration-number offences attract the sub-section (1) penalty.
  • 122(1)(iii) to (vi)Collected-tax non-remittance beyond three months and the stated deduction or collection failures attract the sub-section (1) measure.
  • 122(1)(vii) to (x)Credit without receipt, fraudulent refund, irregular distribution and the stated falsification with tax-evasion intent attract the sub-section (1) measure.
  • 122(1)(xi) to (xvii)Registration failures, false particulars, officer obstruction, undocumented transport, suppressed turnover, deficient statutory books and information failures attract the listed penalty.
  • 122(1)(xviii), (xx) and (xxi)The stated dealings in confiscable goods, evidence tampering and disposal or tampering with detained, seized or attached goods attract the listed penalty.
  • 122(1)Penalty is ten thousand rupees or the specified tax, deduction, collection, irregular credit or fraudulent refund amount, whichever is higher, subject to section 75's duplication bar.
  • 122(1A)A person retaining the specified transaction benefit and at whose instance it occurs faces penalty equal to tax evaded or credit availed or passed on.
  • 122(1B)Section 52 collecting operators face ten thousand rupees or the stated hypothetical registered-supplier tax, whichever is higher, for the listed ineligible-supply or statement failures.
  • 122(2)Registered-person defaults carry ten thousand rupees or ten per cent. of tax for non-fraud reasons, and ten thousand rupees or tax for fraud-related reasons, whichever is higher.
  • 122(3)The listed aiding, knowing dealings, summons absence and invoice failures carry penalty up to twenty-five thousand rupees.

Section 122 imposes penalties for the listed invoice, tax, credit, refund, registration, information, transport and evidence offences. It separately reaches a person retaining specified transaction benefits at whose instance the transaction occurs, and qualifying electronic commerce operators. Registered-person tax and credit defaults carry reason-dependent penalty measures, while assisting offences and other listed conduct carry a separate maximum penalty.[1]

The applicable sub-section depends on the person, conduct and penalty measure, with sections 51, 52 and 20 supplying linked duties. Sub-section (1A) requires both retained benefit and conduct at that person's instance. Section 75 limits duplication: a penalty under the stated determination provisions prevents another penalty for the same act or omission against the same person.

Section 122 has been in force since 1 July 2017. Sub-section (1A) took effect from 1 January 2021. Sub-section (1B) was inserted from 1 October 2023. Its opening words were retrospectively substituted from 1 October 2023 by the Finance (No. 2) Act, 2024 dated 16 August 2024, restricting the operator category to those liable to collect under section 52.

Text

The text below is the section as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Act as published in the Gazette of India is the legal source.

Section 122, verbatim (show)

Section 122

*Section 122. Penalty for certain offences.-

(1) Where a taxable person who-

(i) supplies any goods or services or both without issue of any invoice or issues an incorrect or false invoice with regard to any such supply;

(ii) issues any invoice or bill without supply of goods or services or both in violation of the provisions of this Act or the rules made thereunder;

(iii) collects any amount as tax but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due;

(iv) collects any tax in contravention of the provisions of this Act but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due;

(v) fails to deduct the tax in accordance with the provisions of sub-section (1) of section 51, or deducts an amount which is less than the amount required to be deducted under the said sub-section, or where he fails to pay to the Government under sub-section (2) thereof, the amount deducted as tax;

(vi) fails to collect tax in accordance with the provisions of sub-section (1) of section 52, or collects an amount which is less than the amount required to be collected under the said sub-section or where he fails to pay to the Government the amount collected as tax under sub-section (3) of section 52;

(vii) takes or utilises input tax credit without actual receipt of goods or services or both either fully or partially, in contravention of the provisions of this Act or the rules made thereunder;

(viii) fraudulently obtains refund of tax under this Act;

(ix) takes or distributes input tax credit in contravention of section 20, or the rules made thereunder;

(x) falsifies or substitutes financial records or produces fake accounts or documents or furnishes any false information or return with an intention to evade payment of tax due under this Act;

(xi) is liable to be registered under this Act but fails to obtain registration;

(xii) furnishes any false information with regard to registration particulars, either at the time of applying for registration, or subsequently;

(xiii) obstructs or prevents any officer in discharge of his duties under this Act;

(xiv) transports any taxable goods without the cover of documents as may be specified in this behalf;

(xv) suppresses his turnover leading to evasion of tax under this Act;

(xvi) fails to keep, maintain or retain books of account and other documents in accordance with the provisions of this Act or the rules made thereunder;

(xvii) fails to furnish information or documents called for by an officer in accordance with the provisions of this Act or the rules made thereunder or furnishes false information or documents during any proceedings under this Act;

(xviii) supplies, transports or stores any goods which he has reasons to believe are liable to confiscation under this Act;

(xix) issues any invoice or document by using the registration number of another registered person;

(xx) tampers with, or destroys any material evidence or document;

(xxi) disposes off or tampers with any goods that have been detained, seized, or attached under this Act,

he shall be liable to pay a penalty of ten thousand rupees or an amount equivalent to the tax evaded or the tax not deducted under section 51 or short deducted or deducted but not paid to the Government or tax not collected under section 52 or short collected or collected but not paid to the Government or input tax credit availed of or passed on or distributed irregularly, or the refund claimed fraudulently, whichever is higher.

(1A) Any person who retains the benefit of a transaction covered under clauses (i), (ii), (vii) or clause (ix) of sub-section (1) and at whose instance such transaction is conducted, shall be liable to a penalty of an amount equivalent to the tax evaded or input tax credit availed of or passed on.

1[(1B) 2[Any electronic commerce operator, who is liable to collect tax at source under section 52,]—

(i) allows a supply of goods or services or both through it by an unregistered person other than a person exempted from registration by a notification issued under this Act to make such supply;

(ii) allows an inter-State supply of goods or services or both through it by a person who is not eligible to make such inter-State supply; or

(iii) fails to furnish the correct details in the statement to be furnished under sub-section (4) of section 52 of any outward supply of goods effected through it by a person exempted from obtaining registration under this Act,

shall be liable to pay a penalty of ten thousand rupees, or an amount equivalent to the amount of tax involved had such supply been made by a registered person other than a person paying tax under section 10, whichever is higher]

(2) Any registered person who supplies any goods or services or both on which any tax has not been paid or short-paid or erroneously refunded, or where the input tax credit has been wrongly availed or utilised,-

(a) for any reason, other than the reason of fraud or any wilful misstatement or suppression of facts to evade tax, shall be liable to a penalty of ten thousand rupees or ten per cent. of the tax due from such person, whichever is higher;

(b) for reason of fraud or any wilful misstatement or suppression of facts to evade tax, shall be liable to a penalty equal to ten thousand rupees or the tax due from such person, whichever is higher.

(3) Any person who-

(a) aids or abets any of the offences specified in clauses (i) to (xxi) of subsection (1);

(b) acquires possession of, or in any way concerns himself in transporting, removing, depositing, keeping, concealing, supplying, or purchasing or in any other manner deals with any goods which he knows or has reasons to believe are liable to confiscation under this Act or the rules made thereunder;

(c) receives or is in any way concerned with the supply of, or in any other manner deals with any supply of services which he knows or has reasons to believe are in contravention of any provisions of this Act or the rules made thereunder;

(d) fails to appear before the officer of central tax, when issued with a summon for appearance to give evidence or produce a document in an inquiry;

(e) fails to issue invoice in accordance with the provisions of this Act or the rules made thereunder or fails to account for an invoice in his books of account, shall be liable to a penalty which may extend to twenty-five thousand rupees.

*Enforced w.e.f. 1st July, 2017. Inserted (vide Notification No 92/2020- C.T, dated 22-12-2020 by s.126 of The Finance Act, 2020 (No. 12 of 2020) - Brought into force w.e.f. 01st January, 2021.

1. Inserted (w.e.f. 1st October, 2023 vide Notification No. 28/2023 - CT dated 31st july, 2023.) by s. 155 of The Finance Act 2023 (No. 8 of 2023).

2. Substituted (w.e.f. 01.10.2023) by section 144 of The Finance Act (No. 2) Act, 2024 No. 15 of 2024 dated 16.08.2024.

122(1)(i) to (xxi)Listed taxable-person offences

he shall be liable to pay a penalty of ten thousand rupees or an amount equivalent to the tax evadedSection 122(1)(i) to (xxi)

The list covers missing or false invoices, invoices without supply, another person's registration number, collected-tax non-remittance beyond three months, section 51 deduction and section 52 collection failures. It also covers credit without receipt, fraudulent refunds, section 20 breaches, evasion-intended falsification, registration failures or false particulars, officer obstruction, undocumented transport, suppressed turnover and statutory books or information failures. Further offences concern knowingly confiscable goods, evidence interference and detained, seized or attached goods; the higher of ten thousand rupees and the specified linked amount applies, subject to section 75's duplicate-penalty bar. The law does not settle how many separate penalties arise by contravention, document or period.

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122(1A)Benefit and instance

shall be liable to a penalty of an amount equivalent to the tax evaded or input tax credit availed of or passed on.Section 122(1A)

The person must retain the benefit of a transaction under sub-section (1)(i), (ii), (vii) or (ix), and the transaction must occur at that person's instance. Both conditions qualify this separate measure.

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122(1B)(i) to (iii)Operator failures

shall be liable to pay a penalty of ten thousand rupees, or an amount equivalent to the amount of tax involvedSection 122(1B)(i) to (iii)

The operator must be liable to collect under section 52 and allow the stated unregistered or ineligible inter-State supply, or misstate exempt registrants' outward goods supplies. The higher measure compares ten thousand rupees with tax assuming a registered non-composition supplier. The law does not settle the stated application question for supplies between 1 October 2023 and 16 August 2024, notwithstanding the retrospectively dated substitution.

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122(2)(a) and (b)Registered-person defaults

shall be liable to a penalty of ten thousand rupees or ten per cent. of the tax due from such person, whichever is higherSection 122(2)(a) and (b)

That measure concerns defaults for non-fraud reasons. Fraud, wilful misstatement or suppression to evade tax instead uses ten thousand rupees or tax, whichever is higher. Section 75's stated bar on another penalty for the same act or omission qualifies application.

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122(3)(a) to (e)Other persons and conduct

shall be liable to a penalty which may extend to twenty-five thousand rupees.Section 122(3)(a) to (e)

The list covers aiding sub-section (1) offences, the stated knowing dealings with confiscable goods or contravening services, summons non-appearance and invoice issue or accounting failures. The goods and services limbs retain their knowledge or reason-to-believe conditions.

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Questions a reviewer answers from the engagement file, grouped by the part of the section they come from. They describe what the section asks; they do not decide it.

Scope the section as a whole

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The taxable person and the date 122(1) opening words

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Tax collected and not paid 122(1)(iii) and (iv)

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Deduction and collection at source 122(1)(v) and (vi)

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Input tax credit and refund 122(1)(vii), (viii) and (ix)

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Records, information and evidence 122(1)(x), (xvi), (xvii) and (xx)

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Registration 122(1)(xi) and (xii)

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Goods, their transport and their custody 122(1)(xiv), (xviii) and (xxi)

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Obstruction of officers and suppression of turnover 122(1)(xiii) and (xv)

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The penalty under sub-section (1) 122(1) closing words

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Frequently asked questions

Does retained benefit alone satisfy sub-section (1A)?

No. The specified transaction must also be conducted at that person's instance. The linked transaction categories are expressly listed.

Section 122(1A)

Are all electronic commerce operators within sub-section (1B)?

Its substituted opening words identify operators liable to collect under section 52. The listed supply or statement failure must also occur.

Section 122(1B)

Can another penalty duplicate the same act already penalised under the determination provisions?

Section 75 supplies the stated bar against another penalty on the same person for the same act or omission. Section 122 is read with that restriction.

Section 122, read with section 75

Amendment history

The CBIC text carries 2 footnotes. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to section 122 as footnoted in the CBIC text
NoteChange
1Inserted (w.e.f. 1st October, 2023 vide Notification No. 28/2023 - CT dated 31st july, 2023.) by s. 155 of The Finance Act 2023 (No. 8 of 2023).[2][3]
2Substituted (w.e.f. 01.10.2023) by section 144 of The Finance Act (No. 2) Act, 2024 No. 15 of 2024 dated 16.08.2024.[4]
Provisions connected to Section 122
ProvisionConnectionWords that tie them
Section 51122(1)(v) requires Section 51122(1)(v) "fails to deduct the tax in accordance with the provisions of sub-section (1) of section 51"
Section 52122(1)(vi) requires Section 52122(1)(vi) "fails to collect tax in accordance with the provisions of sub-section (1) of section 52"
Section 20122(1)(ix) requires Section 20122(1)(ix) "takes or distributes input tax credit in contravention of section 20, or the rules made thereunder"
Section 10122(1B) requires Section 10122(1B) "had such supply been made by a registered person other than a person paying tax under section 10"
Section 74122(2) defined by the Explanation to Section 74the Explanation to section 74 defines "suppression" for the Act's demand provisions
Section 75this provision overridden by Section 7575(13) bars a penalty under any other provision for the same act where a penalty is imposed under section 73 or section 74
Section 126this provision prescribed by Section 126section 126 lays down general disciplines related to penalty

Circulars and notifications

Circulars and notifications in the CBIC repository that cite this section, newest first, by number, date and subject. A listing here does not say what an instrument decides; read the instrument.

Circulars (9)

NumberDateSubject
Circular No. 254/11/2025-GST27 October 2025Assigning proper officer under section 74A, section 75(2) and section 122 of the Central Goods and Services Tax Act, 2017
Circular No. 242/36/2024-GST31 December 2024Clarification on place of supply of Online Services supplied by the suppliers of services to unregistered recipients
Circular No. 238/32/2024-GST15 October 2024Clarification of various doubts related to Section 128A of the CGST Act, 2017. amended by a later instrument
Circular No. 224/18/2024-GST11 July 2024Guidelines for recovery of outstanding dues, in cases wherein first appeal has been disposed of, till Appellate Tribunal comes into operation.
Circular No. 211/05/2024-GST26 June 2024Clarification on time limit under Section 16(4) of CGST Act, 2017 in respect of RCM supplies received from unregistered persons.
Circular No. 171/03/2022-GST6 July 2022Clarification on various issues relating to applicability of demand and penalty provisions under the Central Goods and Services Tax Act, 2017 in respect of transactions involving fake invoices.
Circular No. 90/09/2019-GST18 February 2019Seeks to clarify situations of compliance of rule 46(n) of the CGST Rules, 2017 while issuing invoices in case of inter- State supply.
Circular No. 71/45/2018-GST26 October 2018Clarification on issues pertaining to registration as a casual taxable person & recovery of excess Input Tax Credit distributed by an Input Service distributor
Circular No. 41/15/2018-GST13 April 2018clarifying the procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances.

Notifications (4)

NumberDateSubject
Notification No. 16/2025-Central Tax17 September 2025Seeks to notify clauses (ii), (iii) of section 121, section 122 to section 124 and section 126 to 134 of Finance Act, 2025 to come into force.
Notification No. 12/2024-Central Tax10 July 2024Seeks to make amendments (Amendment, 2024) to the CGST Rules, 2017.
Notification No. 40/2021-Central Tax29 December 2021Seeks to make amendments (Tenth Amendment, 2021) to the CGST Rules, 2017.
Notification No. 16/2019-Central Tax29 March 2019Seeks to make Second Amendment (2019) to CGST Rules.

Unsettled questions

The words of section 122 do not answer these questions. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. Is the penalty under sub-section (1) one penalty for the whole of the conduct examined, or a separate penalty for each contravention, each document or each tax period? The sub-section fixes an amount and says "whichever is higher", but never says how many times it is levied.
  2. Do the opening words of sub-section (1B), as substituted by section 144 of The Finance (No. 2) Act, 2024 with effect from 01.10.2023, govern a supply made between 1 October 2023 and 16 August 2024, the substitution being expressed to take effect before the Act that made it was passed?

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 122. Penalty for certain offences". Central Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 2. Retrieved 17 September 2026.
  2. The Finance Act, 2023. Cited in CBIC footnote 1.
  3. Notification No. 28/2023-Central Tax, dated 31 July 2023: Seeks to notify the provisions of sections 137 to 162 of the Finance Act, 2023 (8 of 2023). Cited in CBIC footnote 1.
  4. The Finance Act (No. 2) Act, 2024. Cited in CBIC footnote 2.

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